SANYOGITA RAI Vs. STATE OF U P

JUDGEMENT

(1.) SHISHIR Kumar, J. By means of the present writ petition the petitioner has approached this Court for issuing a writ of mandamus directing the respondents to consider the representation of the petitioner dated 12-4-2002 for giving appointment under Dying-in-Harness Rules.

(2.) DURING pendency of the writ petition, an order dated 15-11-2002 was passed rejecting the claim of the petitioner. Then an amendment application was filed. The said application has been allowed by this Court vide order dated 10-5-2006 and a relief of certiorari quashing the order dated 15-11-2002 has been prayed.

(3.) THE Counsel for the petitioner has relied upon a judgment reported in 2003 (4) AWC 3205, Smt. Urmila Devi v. U. P. Power Corporation and Ors. THE Counsel for the respondents on the other hand has submitted that as the daughter-in-law is not included in the definition of word 'family' as defined in the relevant Dying-in-Harness Rules, which is applicable to Recruitment of Dependents of the deceased Government servants. THE relevant rule, which in controversy is abstracted below for ready reference.